mdracer76

iTrader: (1)

No way I would let them say that without a tear down of the motor. They are digging themselves into a hole, IMHO

PureXTZ

I agree. Where is the evidence of misuse? Unless there is a smoking gun, I can't see a reason to deny the claim. It sounds like they are trying to weasel out of this because they've already done your tranny.

drew76924

what the hell imo what is 30k $ for nissan.. just change.. y not just replace the car and have a satified customer and is going to be happy with there product and most likely buy again...

BigMike

Dude, do NOT offer to pay for a tear down. At the Nissan labor rate, it could cost you $1000. LISTEN to what people are telling you. Spend $200 on a damn lawyer and they will tell you where you stand. You don't have to hire a lawyer, just get a consultation. If you continue down the path of trying to negotiate with Nissan on your own, you might as well get out the KY now because they will ream your a$$. You don't stand a chance in hell with them.

Your next step should be to write this woman and tell her their position is unacceptable and they have not proved MISUSE and they have not proved your modifications caused the failure. Tell her you're contacting an attorney because you have rights under the M-M Act.

People on this forum are trying to help you. If you ask for advise and then turn it down, that's fine. Just don't come back here whining Nissan screwed you over.

ecorona6

iTrader: (34)

+1.....A good lawyer will lead you in the right path. It will be $200 well spent considering the thousands of dollars you will spend on a tear down and new motor if they give you the shaft! Remember to always be present when a tear down is in order! Once again, GOOD LUCK!

jmagilto

iTrader: (1)

Hi,
I tought I would chime in. The only mod that catches my eye looking at your list is the lightweight flywheel. What is that? Is anyone else here using one?

Whenever I've put a flywheel on a motor I was building it was balanced with the rotating assembly. I don't know anything specific about the 3.5l V6 in our cars (i am an old school v8 man) but I suspect having seen a couple of spectacular s/c failures that they are somewhat sensitive/fragile.

Having said that, and with the legalities aside, I think your best interests are served by having someone do a post-mortem on the engine and determine the cause of the catastrophic failure. That way - when you present your case to someone you have a reserve of technical data to pull from in support of your position.

Good luck! I know its a *****. If I were in your shoes - I'd grab the junkyard motor, get the car rolling, get the postmortem done on the bad engine - and - if the data supported a mfg defect - send nissan the bill. Then - if they don't pay the bill you can take them to court.

take care
jer

350zbiturbo

iTrader: (1)

first of all im not whining and second ive taken everyones advice without hesitation im just looking for other options just in case my brother is calling a lawyer today to see what we can do, but i also dont have my own lawyer so finding someone to trust is not easy in miami, so dont say im turning down peoples advice, your not the one in hell right now so dont come and try to make the situation any worse then it is for me, everyone else has been helpful except you having attitude when your not here dealing with it, everyone said ask them for a letter stating what broke and i did that now i guess its time for the lawyer to act.

350zbiturbo

iTrader: (1)

oh for you guys who were wondering from what i got from my conversation with her, is that their excuse for saying misuse is that my tires were bald, which is true bc i have my hres on and they had no tires on them b/c they just wore down, so basically tires is their excuse for misuse b/c that means to them i was in a high rpm

BigMike

I didn't say you were whining. All I was saying was not to negotiate with them on your own. Its like threatening someone with legal action. You do it and they'll blow you off. Pay $75 for an attorney to write a letter to them and you'll see results.

You said you were going to offer to pay for the tear down if they didn't find anything. Why would you offer to do that when its their burden of proof to find the cause? If they have to tear down the engine to do it, let them pay for it.

Btw, I was the one that sourced the engine for you. But hey, I'll butt out and wish you luck.

nicolaycastro

iTrader: (3)

Lets keep the cool guys. Mike came a little strong in his las post, we all have to understand this is a very bad situation for someone to be in. But as we have seen Mike is also trying to help...

The crap about the tires is just that crap, how many miles do you have in your car, I can send you a pic of my old tires which I still have in my old stock wheels, bald as hell @ 18,000 miles (probably less), and my engine did not blow. Also High reving the engine does not necesary cause the tires to get bold. I could over rev my engine in neutral or in whatever gear without even doing burnout.

350zbiturbo

iTrader: (1)

well i apologize mike just wasnt cool for you to start saying something you didnt know, im just trying to find a lawyer that i trust b/c i dont want to get hassled either, my friends lawyer retired like 3 months ago, so now i have to search hopefully ill find one tomm, fax them the letter and then see what they can do, im wondering how much the dealer would give me for my car since if i was to trade it in with them and buy another z they would get it under warranty and i wouldnt have to worry bout it and i would have a less mileage car, anybody see this as a good alternative??

hndumafia

iTrader: (10)

^^^ no...you will take a big hit. it would probably be less to just buy a motor and have the swap done - unless you look at used Z's.

Z BOY

iTrader: (41)

and your friend's retired lawyer, whom you seem to trust, can't refer you to another atty? its your z, but your brother is calling another atty? i'm outa this thread cuz you have been receiving lots of rational, valuable advice here, but you keep going off into left field. keep your eye on the ball. you need to make nissan prove your mods caused the problem. that's all you should be thinking about right now. first things first. that's all that matters right now.
good luck.

350zbiturbo

iTrader: (1)

well its just ive been with no car, for 2 weeks already and nothing has been done to my car you would be thinking of other alternatives if you were me too, my brother is searching for a lawyer now, just like everyone has asked me to search for so im not straying off anything people have said so i really dont know why everyone keeps saying that, im just asking for opinions to be ready, your hope gets down when people start ignoring you but its ok if everyone wants to stop helping cant do much bout that but keep on my little quest. S!!! happens and im getting screwed for no reason

VTECHURT

Well tell us.... do you drive the car hard? Do you drift through most turns? Do you drive the car for 30 minutes before near redlining the engine? How often do you see redline(which I know is toooo easy in the Z, but..)? Please be honest with us... What type of sportscar owner are you?

nicolaycastro

iTrader: (3)

I dunno about thosequestions many people drive the car like the stole it, many more with turbos and super chargers on stock internals do it too, but their engines havent blown!!!

Qbrozen

30 minutes before redlining? Why? The car gets up to full operating temp in about 5 minutes.

350zbiturbo

iTrader: (1)

well i drive like most people do, during most days most of my commute is a 150 mile commute to and from work, and that is 6th gear cruising and 75 or 80, and i do autocross and race the car occasionally, im not much of a street racer, i have never gone off the line with the car unless i needed to pass someone and was like on a turning lane, nothing more I have my occasional spririted driving moments but i mean honestly i dont beat on my car maybe when i autocross it b/c im in a high rpm, but i mean most people dont have that problem

bixby

iTrader: (2)

I say we help him draft a firm, agressive response to Nissan and copy the dealership. The letter should indicate that if Nissan does not provide proof that a specific modification caused the damage to the engine as defined in the magnuson-moss act within a set time frame (something like 14 days) and give a specific dead line then you will be seaking legal action against NNA and the dealership.


Send the letter and copy to the dealer certified mail, return reciept requested. In the meantime continue to look for that attorney. If someone wants to take a crack at a first draft?

Good luck!

350zbiturbo

iTrader: (1)

what do you mean by draft a firm, im sorry im younger unlike most you guys so im not to good with the legal action stuff, my friend just gave me a list of firms to call so im gonna start today, but that sounds like a good idea, b/c giving them a dead line would really mean that im serious and not going to pay for it that i want it under warranty, i guess draft a firm means a proposal of some kind?